Property Partnership Agreement In Family Law
COMMUNITY PROPERTY REGIME
In the community of property regime, the community of property shall include the partnership property and the personal property of the spouses. The partnership of property regime agreement may be concluded between the spouses by choosing one of the following forms: general partnership of property, limited partnership of property and other forms of partnership of property.
In a general community of property, the property and income of the spouses, other than those deemed to be personal property by law, constitute the community property. The spouses own the partnership property as an undivided whole. No spouse has the right to dispose of the partnership share alone.
In a limited property partnership, the spouses may accept a partnership consisting only of acquired property with a property regime agreement. The income of personal property is also included in this partnership.
In other property partnerships, the spouses may exclude certain assets or types of assets, especially immovable property, the earnings of one spouse, the property used for the practice of a profession or art. Unless otherwise stipulated in the agreement, the income from these assets is not included in the partnership.
The property regime ends upon the death of one of the spouses, the adoption of another property regime or the filing of bankruptcy against one of the spouses.
In cases where the court decides to dissolve the marriage due to annulment or divorce or to switch to separation of property, the property regime ends as of the date of the lawsuit. The date of termination of the property partnership is taken as basis in determining the scope of partnership and personal property.
Irreparable damages will arise as a result of errors or omissions during the determination and regulation of the content, terms and conditions of the “Marriage Contract” (Property Regime Contract), which will regulate to whom and to what extent the goods related to all assets acquired before the marriage and during the marriage union will belong. For this reason, it is important to obtain legal assistance from an experienced and specialized lawyer during the drafting of the “Marriage Contract” (Property Regime Agreement).
Property Partnership Agreement in Family Law
The undersigned … … born …, registered to the population of …, and … … born …, registered to the population of …, were married on …/…/…/… and accepted the regime of community of property between them within the framework of the following provisions:
1- The property other than personal property and their income shall constitute the partnership property. The parties shall own these properties as an undivided whole and none of them shall be able to dispose of the partnership share alone.
2- Items in the personal use of the parties and moral compensation receivables shall legally constitute personal property. In addition, … and gratuitous gifts of third parties shall be included in the personal property section.
3- All property values that cannot be proven to be personal property shall be considered as partnership property.
4-The parties shall manage the partnership property in accordance with the benefit of the union of marriage, may obligate the partnership within the limits of ordinary management and may dispose of the property.
The parties shall be able to put the partnership under obligation or dispose of the property by obtaining the consent of the other outside the ordinary management.
5- In the event that one of the parties performs a profession or art by using the partnership assets by obtaining the consent of the other party, the relevant party shall be able to perform all legal transactions related to this profession or art by itself.
6-The parties cannot reject an inheritance that will enter the partnership property without the consent of the other, nor can they accept the inheritance if the estate is insolvent.
7-In the event of termination of the partnership, the parties shall be responsible for the transactions related to the partnership property as an agent.
8-Management expenses shall be paid from the partnership property.
9-The parties will be able to manage and dispose of their personal properties within their legal limits. Their management expenses shall be covered from the income of the personal property.
10-The parties shall be liable with their personal and partnership properties for the debts incurred by them based on the authority to represent the marriage union or to manage the partnership properties, for the debts incurred by them due to the performance of a profession or art by using the partnership properties or the income from these properties, for the debts that give rise to personal liability for one of the parties, for the debts incurred by the parties by agreeing with third parties that the partnership properties will be liable as well as the personal properties.
11-Each party shall be liable for all other debts to the extent of half of the value of his/her personal property and partnership property.
12-If the lump sum payments made by the Social Security or Social Assistance Institutions or the compensation paid due to the loss of labor force, if the relevant social security or social assistance institution had granted a lifelong income instead of the lump sum payment or compensation, the value of the will for the following period converted into capital in advance at the date of the termination of the property regime shall be taken into account as personal property in that amount during the liquidation.
13-If the debts of personal property are paid from partnership property or the debts of partnership property are paid from personal property, equalization shall be made during liquidation.
14-Each debt shall put the segment of property to which it belongs under obligation, and those that cannot be understood to which segment it belongs shall be deemed to be related to partnership property.
15-If the personal or partnership property belonging to one of us has contributed to the acquisition, improvement or protection of the asset value of another segment, the provisions regarding the value increase share in the regime of participation in acquired property shall be applied.
16-When the property regime is terminated, the moment of liquidation shall be taken as basis in the evaluation of the existing partnership property.
17-In the event of the death of one of the parties or the adoption of another property regime, half of the partnership property shall be given to each spouse or his/her heirs. The parties may make an agreement to change the legal division.
18- In the event of the death of one of the parties, the survivor may request that what can be considered as his/her personal property in the regime of participation in acquired property be given to him/her against his/her share.
19- In the event of the death of one of the parties, the surviving spouse may request the ownership of the family residence and household goods included in the community property to be given to him/her against his/her share of inheritance.
20- The parties may request that other assets other than the residence and household goods that they live together and which have a superior benefit for them be given to them in return for their share of the liquidation.
21- This contract was signed on …/…/…/…
Male Female
Name Surname Name Surname
Signature Signature